Separation during PR

[smh-021]

Hi
My friend initially came to Canada in 2015 on spousal sponsorship. His wife was Canadian and Pakistani citizen and they got married in Pakistan in 2013. After spending 2 years in MiddleEast they moved to Canada in 2015.
After arriving in Canada they had usual husband wife rifts which ultimately lead to separation in Aug 2016. They have a son of 2 years and his wife and her family did not allow my husband to meet with the kid and they started threatening him for the legal course of action.

My friend got disheartened and left Canada in September 2016 and started legal proceeding in Pakistan. Ultimately he divorced his wife in December 2016 in Pakistan and in the mean time his wife filed a case for spousal and child support in Canada.

Now my friend, who still lives outside Canada, wants to meet with his kid and hired a lawyer in Canada to respond on the case but case in moving very slow.

I understand the case is bit complex and I am wondering can someone throw light on the possible outcome and share any suggestion.
Thanks

 

[Peacekeeper87]

He did the right thing to hire a lawyer.
Case is quite complex, and you'd be lucky to find someone in this forum with real legal expertise to help-out.
**Paging @legalfalcon **

 

[zardoz]

Hi
My friend initially came to Canada in 2015 on spousal sponsorship. His wife was Canadian and Pakistani citizen and they got married in Pakistan in 2013. After spending 2 years in MiddleEast they moved to Canada in 2015.
After arriving in Canada they had usual husband wife rifts which ultimately lead to separation in Aug 2016. They have a son of 2 years and his wife and her family did not allow my husband to meet with the kid and they started threatening him for the legal course of action.

My friend got disheartened and left Canada in September 2016 and started legal proceeding in Pakistan. Ultimately he divorced his wife in December 2016 in Pakistan and in the mean time his wife filed a case for spousal and child support in Canada.

Now my friend, who still lives outside Canada, wants to meet with his kid and hired a lawyer in Canada to respond on the case but case in moving very slow.

I understand the case is bit complex and I am wondering can someone throw light on the possible outcome and share any suggestion.
Thanks

It's unclear exactly what the immigration related question is here. Please clarify...

 

[smh-021]

It's unclear exactly what the immigration related question is here. Please clarify...

1- Actually he is on PR, so would there be any problem in renewing his PR?
2- If he wants to get married again, any immigration related issue?

 

[zardoz]

1- Actually he is on PR, so would there be any problem in renewing his PR?
2- If he wants to get married again, any immigration related issue?

No and no. However, he would be barred from sponsorship of a new spouse until after 5 years from his landing date. https://www.canada.ca/en/immigratio...bulletins-2012/386-modified-march-2-2012.html

 

[legalfalcon]

1- Actually he is on PR, so would there be any problem in renewing his PR?
2- If he wants to get married again, any immigration related issue?

After an applicant becomes a PR, and then there is a divorce, it will not impact the PR status of either the spouse, or the primary applicant.

@zardoz the bar is on the sponsored spouse to sponsor another spouse from sponsoring someone as a spouse after the divorce. And not the primary applicant. The primary applicant is only barred until the sponsorship undertaking ends.

Also, this undertaking is for a PR or a citizen who sponsors a spouse and provides the undertaking, and not for the primary applicant and spouse who immigrate under the EE together. So the operation bulletin you have cited does not even apply here.

Read, "3) A sponsor who became a permanent resident or a Canadian Citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian Citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national."


See:

https://www.canada.ca/en/immigratio...family-class-determining-spouse/legality.html

 

[zardoz]

The OP is apparently referring to the male "sponsored spouse" in the main thread post, not the Canadian wife sponsor. Please note the gender used in the questions...

Therefore, the 5 years ban applied to the (male) sponsored spouse.